Can compensation be claimed?

excited_money_saver

My brother-in-law has badly damaged his elbow when he fell from his cart. A group of motorbike riders "buzzed" his horse causing it to rear and tip the cart.

Is it worth trying a "no win no fee" company, or should he go to a solicitor for advice.

The police are not interested in looking for someone to prosecute but on the grapevine he thinks he knows who one of the riders is.

Wouldn't be considering it but it's looking like he can't return to his previous work due to the injury.

He probably should have had insurance for the horse and cart

Thanks in anticipation of any advice.

Ian_W

Were there any independent witnesses?
What exactly does "buzzed" mean?
Does" through the grapevine" allow your BIL to actually identify the vehicles or riders involved, or just suspect who they were?

There is potentially a claim if he can identify those involved, prove that their actions were reckless or negligent and the outcome of the horse rearing was reasonably foreseeable consequence of their action.

In a nutshell, possible but far from clear cut. Ambulance chasers usually interested in racing certs.

PNPSUKNET

I dont think you can prove it, he only thinks. Normaly with horses dont you have insurance already

Duncombe

I can't see a solicitor taking this case on, there are just too many if's and butt's and you state the police were not interested in trying to find let alone prosecute anyone.

Sorry, thats probably not what you want to hear.

bouncydog1

Whilst he is unlikely to be able to claim for this incident as the instigators have not been positively identified, he really should have liability cover if he is using the horse and cart on the roads.

Whilst this might not be a legal requirement it would certainly give him peace of mind in the event that somebody was injured if the horse bolted and he was sued.

excited_money_saver

As I thought. It's just hard luck and he should have had some insurance.